Delhi High Court
Anupam Singh Gautam & Ors. vs State Of Nct Of Delhi & Anr. on 14 February, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 14.02.2024
+ CRL.M.C. 277/2024, CRL.M.A. 1102/2024
ANUPAM SINGH GAUTAM & ORS. ..... Petitioners
Through: Mr. Rohan Dewan, Mr. Shiva
Krishnamurti, Ms. Vishwaditya
Sharma, Advocates with Petitioner
No.1 in person.
versus
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Ms. Kiran Bairwa, APP with ASI
Satish Kumar, PS: Farsh Bazar.
Mr. Dushyant Chaudhary, Mr. D.V.
Singh, Ms. Poonam Sharma, Mr.
Akash Gautam and Mohd. Juned
Malik Advocates for R-2 with R-2 in
person.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)
1. Petition under Section 482 of the Code of Criminal Procedure, 1973
('Cr.P.C.') has been preferred on behalf of the petitioners for quashing of
FIR No. 0705/2021, under Sections 498A/406/34 IPC, P.S.: Farsh Bazar,
Delhi and the proceedings emanating therefrom. Section 354 IPC is stated to
have been subsequently invoked.
2. In brief, as per the case of the petitioners, marriage between petitioner
No. 1 and respondent No. 2 was solemnized according to Hindu rites and
ceremonies on 15.12.2019. No child was born out of the said wedlock. Due
to temperamental differences between the parties, petitioner No.1 and
respondent No.2 started living separately since 09.06.2021. On complaint of
respondent No.2, present FIR was registered on 22.10.2021, apart from other
litigations, which were initiated on behalf of respondent No.2.
3. The matter is stated to have been amicably resolved between the
parties vide Settlement Agreement dated 12.06.2023 arrived at Delhi
Mediation Centre, Karkardooma Courts, Delhi. The marriage between
petitioner No. 1 and respondent No. 2 has been dissolved by decree of
divorce by way of mutual consent under Section 13B(2) of the Hindu
Marriage Act vide decree dated 10.11.2023. An amount of Rs.3,00,000/- out
of total settlement amount of Rs.12,00,000/- has been paid today to
respondent No. 2 through DD No.787568 dated 11.01.2024 drawn on State
Bank of India, Patel Dham Manas Marg, Ghaziabad Branch, in favour of
respondent No. 2.
4. Learned APP for the State submits that in view of amicable settlement
between the parties, the State has no objection in case the FIR in question is
quashed.
5. Petitioner no. 1 as well as respondent No. 2 are present in person and
have been identified by ASI Satish Kumar, PS: Farsh Bazar, Delhi. Petitioner
nos. 2, 3, 4 & 8 have appeared through video-conferencing. The presence of
petitioner no. 5, 6 & 7 is exempted. I have interacted with the parties and
they confirm that the matter has been amicably settled between them without
any threat, pressure or coercion. Respondent No. 2 also states that nothing
remains to be further adjudicated upon between the parties and she has no
objection in case the FIR in question is quashed.
6. Considering the facts and circumstances, since the matter has been
amicably settled between the parties, no useful purpose shall be served by
keeping the case pending. It would be nothing but an abuse of the process of
Court. Consequently, FIR No. 0705/2021, under Sections 498A/406/354/34
IPC registered at P.S.: Farsh Bazar, Delhi and the proceedings emanating
therefrom stand quashed.
Petition is accordingly disposed of. Pending application, if any, also
stands disposed of.
A copy of this order be forwarded to the learned Trial Court for
information.
ANOOP KUMAR MENDIRATTA, J.
FEBRUARY 14, 2024/akc
